State Bar says NY needs to reduce reliance on prisons and courts when treating mental illness

Judge Matthew D’Emic, administrative judge for the Kings County Supreme Court, Criminal Term, presides over Brooklyn’s Mental Health Court, a crucial intersection of criminal justice and mental health services. Photo: Rob Abruzzese/Eagle.

Despite efforts from the federal government and the State over the years to increase mental health care access, the issue remains troubling in New York to the point where the court and prison systems often become de facto mental health providers, a role that they are ill-equipped to fulfill effectively or efficiently.

The New York State Bar Association (NYSBA) is calling for a systemic shift in how the legal system handles individuals with mental illness, as laid out in a report approved by its Executive Committee.

The report emphasizes the necessity of moving away from prisons and courts as the primary means of dealing with mental health issues.

The Task Force on Mental Health and Trauma Informed Representation, the group responsible for the report, detailed how individuals facing mental health crises often become ensnared in the legal system. The associationโ€™s governing body, the House of Delegates, is slated to discuss the report on June 10 at its meeting in Cooperstown.

โ€œThis critical report delves into every facet of legal practice intersecting with the mental health community,โ€ NYSBA President Sherry Levin Wallach said. Wallach, who assembled the task force, added, โ€œI am proud that our work will continue to help make sure that all people living with mental illnesses and trauma are able to access support and resources to assist them in living a full life and are treated with dignity and respect. Our goal is to make sure that the stigma of living with mental illness is erased.โ€

Key recommendations in the report include diverting individuals in a mental health crisis away from imprisonment, offering more comprehensive implicit bias training to judges and juries, and educating lawyers and law students on…

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